Sample clause that you might find in an agreement

This document contains an important agreement which is likely to affect your career on a long term basis. Before signing it, you should take independent legal advice from a lawyer experienced and familiar in publishing agreements, so that you understand its contents and are certain that you wish to be bound by it.

Check how long you are signed as a writer to the publisher and how long your copyrights are retained for.

Assignment. (This clause assigns your rights in the song to the Publisher)

In consideration of the payment and covenants on the part of the Publisher, the Writer hereby signs and transfers to the Publisher its successes and assigns the entire copyright both present and future in the compositions throughout the Territory including the lyrics and music thereof to hold the same unto the Publisher absolutely for the duration of the Rights Period.

Term and options. (This clause tells you how long the agreement lasts, and if there are any further options that the publisher can take up on your musical works)

The term of this agreement shall commence from the date hereof and shall continue for the longer of 1 year or 90 days after the Initial Period. The Writer also grants to the Publisher 3 (three) successive options each to extend the term for an additional period of the longer of 1 year or 90 days following the commercial release of the Minimum Commitment.

Check if you have a minimum commitment, for example, how many songs you have to write per year.

The Writer undertakes that he will achieve the minimum commitment during the Initial Period and the Option Period.

Such compositions in fulfillment of the Minimum Commitment shall be new and previously unreleased music works which are wholly and/or composed by the Writer, free from any adverse claim by any third party, and it is agreed that any musical work which is not wholly a composition, shall be treated as a fraction of a composition.

Check what your advances and other recoupable costs are.

The Publisher shall pay to the Writer during the term, the following advance payments on account of fees and royalties otherwise payable to the writer hereunder and recoupable from:

During the Initial Period - £....

During the first Option Period - £....

Duringt the 2^nd Option Period -  £.... etc.

Royalties

Check on your ‘split’ of the earnings. For example 80/20 or 75/25

For sales in the UK:

1. 12% of the selling price of every printed edition

2. The Writers share shall be 8/12ths and the Publishers share shall be 4/12ths of all fees distributed by the PRS.

3. (x)% of all mechanical reproduction fees and royalties

4. (x)% of all monies received from licensing to 3^rd parties

5. (x)% of all monies received from recording and/or synchronization of the compositions with films or tapes.

Check which territories you have signed for.

Territory shall mean ‘The World".